Wood v. COASTAL STATES CRUDE GATHERING COMPANY

482 S.W.2d 954, 43 Oil & Gas Rep. 73, 1972 Tex. App. LEXIS 2133
CourtCourt of Appeals of Texas
DecidedJune 22, 1972
Docket721
StatusPublished
Cited by3 cases

This text of 482 S.W.2d 954 (Wood v. COASTAL STATES CRUDE GATHERING COMPANY) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood v. COASTAL STATES CRUDE GATHERING COMPANY, 482 S.W.2d 954, 43 Oil & Gas Rep. 73, 1972 Tex. App. LEXIS 2133 (Tex. Ct. App. 1972).

Opinion

*955 OPINION

BISSETT, Justice.

This is a multiple pipeline grant case. Suit was brought by James Lawrence Wood, et al, against Coastal States Crude Gathering Company for money damages for an alleged continuing trespass on lands owned by them occasioned by the construction of a pipeline thereon by the defendant in 1970, for a judicial determination that a pipeline easement did not authorize the construction by defendant of the pipeline at the location where it was constructed, and for removal of the pipeline. In the alternative, plaintiffs prayed for judgment holding that the additional line grant was intended to be limited to no more than two additional lines, one on each side of the first pipeline, and that “since two additional lines have already been laid, no more pipelines can be laid on said land under the terms of said easement”.

Coastal States Crude Gathering Company, defendant in the trial court, answered that it was not guilty of any trespass because the subject pipeline easement granted it the right to build the pipeline that was laid in 1970 across plaintiffs’ land in the location where it was actually constructed.

The case was tried to the court without a jury. A take nothing judgment was entered. Plaintiffs have duly perfected an appeal from the judgment entered. We affirm. The parties will be designated herein as they appeared in the trial court.

Plaintiffs’ predecessor in title, by instrument dated October 28, 1942, granted a pipeline easement to Sinclair Refining Company across certain lands owned by her. That instrument contained, among others, the following provisions:

“ . . . Grantors, hereby grant unto SINCLAIR REFINING COMPANY, a Maine corporation, hereafter called Grantee, the right to lay, maintain, inspect, operate, repair, replace, and remove a pipe line for the transportation of crude petroleum, oil, gas . . . over and through the following described land
And for an additional consideration of One Dollar ($1.00), the receipt of which is hereby acknowledged, said grantors hereby grant unto said grantee the right at any time to lay, maintain, operate, repair, replace, or remove an additional pipe line or pipe lines alongside of said first pipe line for the transportation of crude petroleum, oil, gas, the products or byproducts of each thereof, and also water on, over and through said land and grantee agrees to pay grantors for each additional pipe line placed on said land by it the sum of $351.50 on or before the time grantee commences to construct such pipe line on, over and through said land; said additional line or lines to he laid subject to the same rights, privileges and conditions as the original line.” (Emphasis supplied).

In 1943, Sinclair constructed an oil pipeline across the land. This pipeline will henceforth be referred to as the “first pipeline.” Subsequently, and prior to 1965, the defendant acquired such pipeline and the rights under the easement.

Defendant, in 1965, laid a pipeline across plaintiffs’ land. This pipeline will hereafter be called the “second pipeline”. It was laid about sixteen feet southeast of and parallel to the first pipeline.

During the year 1970, defendant built another pipeline across plaintiffs’ land, which we will identify as the “third pipeline”. It was laid approximately fifteen feet southeast of the second pipeline and parallel to both the first and second pipelines.

All three pipelines are in an area slightly in excess of thirty-one feet in width, exclusive of any area northwest of the first line and southeast of the third line that may be required for the proper operation, use and maintenance of the three lines that are presently located in the easement. These three pipelines extend for a distance of 11,-542 feet, more or less, across plaintiffs’ land.

*956 Plaintiffs recognize that defendant under the Sinclair easement had the right upon payment of $351.50 to build the third pipeline, but as the second pipeline had already been built to the southeast of the first pipeline, they contend that the third line could be constructed only to the northwest of and parallel to the first pipeline. They say that the third line was not built “alongside of said first pipeline” but was built alongside of the second pipeline as that pipeline (the second) was physically between the first and third pipelines.

Two points of error are presented. First, it is contended that the trial court erred in holding that defendant “was entitled under its easement to construct the third pipeline across plaintiffs’ land at the location constructed”. Second, it is asserted that the trial court erred in impliedly holding that defendant “is entitled under its easement to lay additional pipelines across plaintiffs’ land, even though it has already constructed the first, second and third pipelines”. Neither point can be sustained.

The Sinclair easement did not contain a centerline description nor did it describe any route across plaintiffs’ land. The instrument itself does not limit the construction of pipelines to any specific width of land. Therefore, when Sinclair built the first pipeline in 1943 with the consent and acquiescence of plaintiffs’ predecessor in title, the route, location and extent of the grantee’s easement rights under the 1942 agreement became fixed and certain. Houston Pipe Line Company v. Dwyer, 374 S.W.2d 662 (Tex.Sup.1964).

The Sinclair easement expressly provided for a multiple pipeline grant. Strauch v. Coastal States Crude Gathering Co., 424 S.W.2d 677 (Tex.Civ.App.—Corpus Christi 1968, writ dism’d); Coastal States Crude Gathering Company v. Cummings, 415 S.W.2d 240 (Tex.Civ.App.—Waco 1967, writ ref’d n. r. e.); Phillips Petroleum Company v. Lovell, 392 S.W.2d 748 (Tex.Civ.App.—Amarillo 1965, writ ref’d n. r. e.). Plaintiffs argue that the phrase “alongside of said first pipe line” limits defendant to one pipe line along each side of the first pipeline. We are not in accord. Such a construction would fix the number of pipelines that could be laid under the easement to no more than three, thereby restricting the multiple pipeline grant to no more than two additional lines. If the contracting parties had intended to so curtail the grant they could have done so by using direct and positive language to that effect in the easement.

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Cite This Page — Counsel Stack

Bluebook (online)
482 S.W.2d 954, 43 Oil & Gas Rep. 73, 1972 Tex. App. LEXIS 2133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-coastal-states-crude-gathering-company-texapp-1972.